The applicability of the constitutional principle of consumer protection is indicated here as the
main solution to fill the legal gap concerning the new electronic contracts. From an unknown
and irrelevant precept in the consumption relationships developed during the Liberal State, to
a leading factor for the economical activity of the Social and Constitutional State of Right, the
constitutional principle of consumer protection walked a long hard path before being
reconized and valued, bringing to the extent of consumption relationships the desired
placement of a vulnerable consumer in the same level as the businesses that sell goods and
services, through protective norms. According to this, The Federal Constitution of 1988 took
the consumer protection as one of its icons, including it in the fundamental rights and
guarantees and, like one of them, a self-aplicable right, with immediate normative power, in
spite of the determination of preparation of the Protection Code, which made it stronger,
rulling all developed peculiarities in the consumption relationships so far. With the
globalization and one of its most interesting features, the internet, a new stage in the
consumption relationships began, as well in the international business: The e-commerce was
launched...

As financial markets develop and deepen,
one of the key issues for the fair, open and efficient
operation of the markets is the protection of consumers
rights in financial services. Be they bank depositors or
borrowers or investors in insurance policies, securities or
investment or pension funds, financial consumers need the
ability to accurately understand the terms and conditions of
their contracts and take action if the terms of contracts
have been violated. The Note is the second report in a pilot
program to analyze consumer protection in
financialservices.The objectives of the Note are
three-fold, to: (1) present a set of draft good practices
for assessing consumer protection in financial services; (2)
conduct a review of the existing rules and practices in
Slovakia compared to the draft practices; and (3) provide
recommendations on ways to improve consumer protection in
financial services in Slovakia. The Technical Note
wasprepared at the request of the Slovak Ministry
of Finance, with the valuable support of the National Bank
of Slovakia and other government agencies...

This Technical Note has been prepared by
the World Bank at the request of the Ministry of Finance of
the Czech Republic and is the first in a pilot series of
financial consumer protection assessments focus on consumer
protection in several parts of the financial sector
including banking, consumer finance, insurance, private
pensions and collective investment funds. The assessments
attempt to identify key components of strong consumer
protection in financial services and stimulate debate on
what reforms may be needed.

The diagnostic review on consumer
protection and financial literacy in Romania is the fourth
in a World Bank-sponsored pilot program to assess consumer
protection and financial literacy in developing and
middle-income countries. The objective of this review are
three-fold to: (1) refine a set of good practices for
assessing consumer protection and financial literacy,
including financial literacy; (2) conduct a review of the
existing rules and practices in Romania compared to the good
practices; and (3) provide recommendations on ways to
improve consumer protection and financial literacy in
Romania. The diagnostic review was prepared at the request
of National Authority for Consumers Protection (ANPC), whose
request was endorsed by the Ministry of Economy and Finance.
Support was provided by the National Bank of Romania (BNR),
which supervises banks and non-bank credit institutions.
Further assistance was given by supervisory commissions for
securities (CNVM), insurance (CSA) and private pensions
(CSSPP). Volume one notes the importance of consumer
protection and finical literacy...

The diagnostic review on consumer
protection and financial literacy in Romania is the fourth
in a World Bank-sponsored pilot program to assess consumer
protection and financial literacy in developing and
middle-income countries. The objective of this review are
three-fold to: (1) refine a set of good practices for
assessing consumer protection and financial literacy,
including financial literacy; (2) conduct a review of the
existing rules and practices in Romania compared to the good
practices; and (3) provide recommendations on ways to
improve consumer protection and financial literacy in
Romania. The diagnostic review was prepared at the request
of National Authority for Consumers Protection (ANPC), whose
request was endorsed by the Ministry of Economy and Finance.
Support was provided by the National Bank of Romania (BNR),
which supervises banks and non-bank credit institutions.
Further assistance was given by supervisory commissions for
securities (CNVM), insurance (CSA) and private pensions
(CSSPP). Volume one notes the importance of consumer
protection and finical literacy...

The objective of this technical note is
to evaluate the existing legal, regulatory and institutional
framework of financial Alternative dispute resolution body,
for example an ombudsman (ADR) mechanisms in Bulgaria, and
to present the authorities with options for reform and
improvement. There is a need to further strengthen and
reform the existing financial ADR framework in Bulgaria.
Fortifying the design and structure of financial ADR
mechanisms is an important step to increase currently low
levels of consumer trust in financial services. In addition,
the implementation of the recently approved European Union
(EU) Directive on ADR will require a significant amount of
restructuring and reorganization of the existing ADR
mechanisms in Bulgaria in order to be compliant with the new
required standards. An ADR will not be a success unless
consumers can be confident that financial services providers
will take part and will follow decisions in favor of the
consumer. Bearing in mind the Bulgarian context and the
limitations imposed by the Bulgarian constitution...

The Diagnostic Review for Consumer Protection and Financial Literacy (CPFL) provides a detailed assessment of the institutional, legal and regulatory framework for consumer protection in two segments of the financial sector: banking and microfinance. The review was undertaken in response to a request for technical assistance in the field of financial consumer protection made by the National Bank of the Kyrgyz Republic (NBKR) in November 2012.

This review of the Consumer Protection
and Financial Literacy Framework (CPFL) in Paraguay was
undertaken in response to a request for technical assistance
in this area made by the Central Bank of Paraguay (BCP). The
objectives were: (i) to assess the existing consumer
protection and financial literacy framework by reviewing
laws, regulations, and actual practices in Paraguay, and
comparing it with international good practice; and (ii) to
provide recommendations on ways to improve the level of
financial consumer protection and financial literacy in the
country. The Diagnostic Review provides a detailed
assessment of the institutional, legal and regulatory
framework for consumer protection in four segments of the
financial sector: (i) banks and finance companies, (ii)
financial cooperatives, (iii) insurance companies, and, - in
reflection of the important role they play in Paraguay -
(iv) non-bank agents and mobile payment providers. Its
findings and recommendations cover six thematic areas: (i)
Institutional Arrangements...

The diagnostic review for Consumer
Protection and Financial Literacy (CPFL) provides a detailed
assessment of the institutional, legal, and regulatory
framework in four segments of the financial sector: banking,
microfinance, securities, and insurance. The review took
place in response to a request for World Bank technical
assistance in the field of financial consumer protection
made by Pakistan's Ministry of Finance (MoF), the State
Bank of Pakistan (SBP), and the Securities and Exchange
Commission of Pakistan (SECP). The review consists of two
volumes. Volume one summarize the key findings and
recommendations of the review and Volume two presents a
detailed assessment of each financial segment compared
against the good practices for financial consumer
protection. The key findings and recommendations in volume
one cover five areas: (i) the institutional, legal, and
regulatory framework for consumer protection; (ii)
disclosure; (iii) business practices; (iv) dispute
resolution mechanisms; and (v) financial education. Priority
recommendations are outlined in table one; a more detailed
list of recommendations is included in annex one.

This paper aims to analyze the medical responsibility within the context of the current doctrine and case law to demonstrate, through the analysis of legal claims for alleged medical malpractice before courts, that the rights granted to the consumers by the Code of Consumer and prerogatives of facilitating access to courts are currently applied by legal professionals to the exercise of medical activity in general, ie, both in relation to business companies - hospitals, clinics and health plans, and healthcare liberal professionals, without considering that § 4 of art. 14 of the Code of Consumer, which required the burden of proof (recklessness, negligence and malpractice) for professional liberal liability, determines a contrario sensu, the application of the rules of the Civil Code, so that also prerogatives facilitation of access to courts, tipically of consumer legislation could not be applied to the exercise of independent professional activity.; A presente pesquisa tem como objetivo analisar a responsabilidade do médico dentro do contexto doutrinário e jurisprudencial da atualidade e demonstrar, a partir da análise de ações judiciais por alegado erro médico, propostas perante o Poder Judiciário, que os direitos atribuídos ao consumidor pelo Código de Defesa do Consumidor...

This work intends to study the specific theme about the consumer law’s application to the contracts celebrated by the consumer with the financial institution (Banks). The problematic about this subject is due to the fact that since December, 26th 2002 the Brazilian Supreme Court has been judging an Action in which the Banks stated that the application of the Brazilian Consumer’s Protection Code to its operation is against the Brazilian Constitution. That’s why it is important to study each statement of this action and to oppose one by one. And finally conclude this work intends to investigate some of the banks’ operation to prove the existence of consumer relation, once the users of such products or services do so as a final addressee.; Este trabalho visa a estudar o tema específico sobre a aplicação das normas consumeristas aos contratos celebrados pelos consumidores com as instituições financeiras (Bancos). A problemática em torno deste tema deve-se ao fato de que desde 26 de dezembro de 2002 está em tramitação no Supremo Tribunal Federal uma Ação Direta de Inconstitucionalidade (ADIn n. 2.591) em que os Bancos dizem ser inconstitucional a aplicação do CDC às suas operações. Sendo assim é relevante a análise dos argumentos dos Bancos para refutá-los um a um. E...

http://dx.doi.org/10.5007/2177-7055.2015v36n71p221The present essay aims to demonstrate the existence of different treatment related to consumers that are the target of the offers and consumers who have already purchased a product or contracted services. It also debates the decrease of the contact links that are offered to the consumers and the difficulty opposed to the consumer to obtain a recording of the phone calls, the consumers find great difficulties in the pos sale moment, which enhances their vulnerability.; http://dx.doi.org/10.5007/2177-7055.2015v36n71p221O presente trabalho pretende demonstrar a existência de um tratamento diferenciadoentre os consumidores que são os alvos de ofertas e os consumidores que já compraramum produto ou contrataram serviços. Desde a diminuição dos canais de contato até a dificuldade de obter uma gravação telefônica dos atendimentos, o consumidor encontra imensas dificuldades na fase pós-venda, o que realça sua vulnerabilidade.